Skip to content

Section 43

Appointment of Judges of the Syariah High Court

of Administration of Islamic Law (Federal Territories) Act 1993

ActIn forceProvision 44 of 214
Section 43
(1)

The Yang di-Pertuan Agong may, on the advice of the

Minister, after consultation with the Majlis, appoint Judges of the

Syariah High Court.

(2)

A person is qualified for appointment under subsection (1) if—

(a)

he is a citizen; and

(b)

he—

(i)

has, for a period of not less than ten years preceding his appointment, been a Judge of a Syariah

Subordinate Court or a Kathi or a Registrar or a

Syariah Prosecutor of a State or sometimes one and sometimes another; or

(ii)

he is a person learned in Islamic Law.

Administration of Islamic Law (Federal Territories) 31

(3)

The persons who, immediately before the commencement of this section, were holding the appointment of Kathi under subsection 43(1) of the Enactment and were performing judicial functions shall, on the commencement of this section, continue to hold office as Judges of the Syariah High Court as if they had been appointed under subsection (1).

(4)

All appointments under this section shall be published in the Gazette.